The Pulaski citizen. [volume] (Pulaski, Tenn.) 1866-current, 1887-08-25

thirty state bonds of one thousand dol
ars each, eighteen of the old series and i
,welve of the new, and pay over to the {
officers of the Methodist Episcopal ;
Church, South, established in the town
Of Pulaski the interest which may &C
,rue and be collected on the same to be
By them appropriated for the purchas-
ing of grounds and erecting suitable
buildings for female school, and after
said buildings shall be erected said in
terest shall be annually appropriated in
part payment of the teachers who may
be employed in said school.
ITEM IL. In addition to the bequest
| have already made for the use and
benefit of female school in the town
of Pulaski, | hereby bequeath to said
institution the sum of five thousand |
dollars in cash to be-paid over to the |
trustees at the expiration of two years |
after the qualification of my executor |
In the event there should not be
any trustees appointed for the female
school, then the sum Of money hereby
beQueathed for the use and benefit OF
said school [ direct to be paid over to
the officers of the Methodist Episcopal
Church in the town of Pulaski and to
be by them appropriated solely and ex-
clusively for the use and benefit OF said
school as before directed.
The general rule to be observed
in the Interpretation of wills is that
the intention of the testator is to
prevail when it does not contra
vene the rules Of law or public poll
Cyl and that the intention is to be
ascertsined from the language used
in the will and from an examina
ton of the entire will and a COM
parison of all the provisions of the
will relating to the subject matter
n dispute. Now, looking at the
Sth clause of the will alone it vii.
appear that the executor is charged
with the duty of keeping in bank or
some other secure place the bonds
mentioned, collecting The snteres! as 1t
falls due and paying the same to the
persons designated as the officers of
the Methodist Episcopal Church in
Pulaski to be by them used in pur-
schasing grounds and erecting build
ings for a female school. But said
clause does not state where the
school is to be located, and while il
might be inferred that Pulaski was
intended to be the place for said
school, such conclusion would only
be an inference from which it might
be argued that the well being of the
citizens Of Pulaski or the success of
the school was Of secondary i'm
portance in the estimation Of the
testator while he manifested q more
lively interest in the affairs or
officers Of the Methodist church.
But when this clause is taken
in connection with the eleventh il
appears that Pulaski is the place
for the location of said school and
that the executor is to pay over the
$4,000 bequest TO the trustees Of
the institution; and in the event OF
the failure. to appoint trustees fol-
the school the executor is directed
to pay said sum ''bequeathed for the
use ard benefit Of said school to
the officers of the Methodist church
in Pulaski to be by them approprl-
ated solely and exclusively for the ben
eft of said school. 1t is apparent
from the language paed in these
;wo clauses of the viii that the
greatest s0licitude of the testat0r
was n regard to the success of the
institution WHICH he was founding,
( Il 0.ft h
past life and char actef as q success
tu( business man, as appears from
the will and the allegations Of the
dill. He desired the favor and pa
tronage of the people of Pulaski
generally In building up tie insti-
: tuition and the CO operation Of the
Methodist people in particular
Hence, the designation Of the place
where the institution is to be loca
ted and OF tie persons vho are &c
receive the donation, purchase tbs
grounds and erect the buildings
There Is no doubt from the Ian
guage used that the testator meant
that the institution should, IN some
sense, become a Methodist school;
but can it be gathered from the will
that he intended IT should be under
the control and management of the
Methodist church through its an
: nual or quarterly conferences as in
sisted by the REALTORS in this suiti
The language Of the will does moi
authorize such a construction and
the rules of Interpretation adopted
by the courts Of the country in rela
zion to educational charities viii
not warrant IL.
In Attorney Gen. vs. Morris, Ex
ecutors 4 G. E. Green's n. j. Equi
ty Rep. SOB (cited and commented
upon by defendants counsel the
Ijudge who delivered the opinion Of
the court cites the case of AttoF~
ney-G sneral vs. Calvert, % Beav
/. 25S, in which "Sir John RomilIy
CASTLES charities with the view Of
determining whether they are tC
be under UNCONVENTIONAL control
into ecclesiastical, educational and
eieemosynary charities and says
that in ecclesiastical charities, ht
object being to promote religion
the opinions (religious) of the
= founder are OF paramount imp"r
, lance; in educational charities tht
opinions of the founder are only OF
value when some directions are civ
I en- by him relative 10 the religious
instruction to be given to tue pnpill
to be taught aud only for tn par
pose of explaining SAD Calculating
J any obscurity which may be fouaC
in each direction; in eleemosynary
i harities. the religious opinion, aat
Lenets CT the founder are wholly tt
: be disregarded aud are to Sc treata(
: rs forming no indication o
= his intention on which 'h'
= court can act" The New J,r
; sey judge in above cited case ~ p.
proves the class fcation Of ttaats n
> q, en- b. Sir John Romil.y aal the
rul, 9 referred to for determining
, who, her public charitjos .,a l., b
t under deaeminali RAJ control, sac
= cites many auth Jrities to support
the classification and construction
: as laid down. And upon an exam
f inatioa CT The authorities cited by
1 /